ENFORCEMENT DIRECTORATE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application, inter alia, praying for transfer of investigation in Nazat Police Station Case No. 9 of 2024 and Bongaon Police Station Case No. 18 of 2024 from the State police to the Central Bureau of Investigtion. The connected application seeks similar transfer of investigation in Nazat Police Station Case No. 8 of 2024.

(2.) Learned Additional Solicitor General of India representing the petitioner/Enforcement Directorate submits as follows. The Enforcement Directorate was investigating a money laundering case involving the infamous Public Distribution System Scam. A Cabinet Minister of the State was arrested in it. Money trail was found in respect of two other significant political figures of the State owing allegiance to the ruling political party. They were Shankar Adhya and Sajahan Sheikh. On 5/1/2024 in the morning, the Enforcement Directorate held raids at the residence of the said Sajahan Sk. in order to search and seize relevant documents. The said suspect did not open the door despite being contacted over phone. Thereafter, his phone became busy. Later on, it was found from the tower location analysis of mobile phone that the suspect was in all probability inside his residence or very near. He called up his followers, the local miscreants to come and frustrate the raid. Some people even came in buses. About 1000 to 3000 people gathered being armed with sticks, bricks and stones. They attacked the raiding party members and the accompanying personnel of the CRPF. They did not even spare media persons present. Three E.D. Officials were seriously injured and had to be hospitalised. In collusion with the miscreants, a false FIR was registered as the first one being FIR No. 7 of 2024. A much watered down version was given in the suo moto FIR of the police being FIR No. 8. It is evident from the records that although the GD entry for the FIR No. 8 preceded the GD entry for the FIR No. 7, yet the counter version, evidently a false one, given by the caretaker of the accused was treated as the first FIR. There are interpolations in the same in adding a charge of outraging modesty of females. The proceeding in respect of the purported first FIR has been stayed by a Co-ordinate Bench of this Court upon making scathing observations. Even in the FIR No. 9 of 2024 filed by the Enforcement Directorate Official, the more serious Ss. alleged were not included. Subsequently, only a charge of Sec. 325 of the Penal Code was added. Charges of attempt to murder, grievous hurt by dangerous means and dacoity were deliberately omitted. In the instant case, belongings of the E.D. Officers like laptops, wallets and other documents had also been looted away. The police did not arrest anyone from the spot. Till date, out of so many accused miscreants, only seven have been arrested. The prime accused is a very influential political leader and a local maffia. The predicate offences and the PML Act case involves a Minister in the State Cabinet. Therefore, it is an appropriate case which should be transferred to the CBI. In Vinit Narayan, (1998) 1 SCC 226, the Hon'ble Apex Court has stipulated certain conditions so that the CBI could remain neutral. Upon inquiry, it is submitted that the predicate offences are still investigated by the State police. On the hand, the State police is trying to have access to the investigation that is being done by the Enforcement Directorate in the garb of investigating the present case. The recent praying for adding certain graver Sec. to the case is only a ploy to retain investigation. At this stage, no submission is advanced in respect of Bongaon P.S. Case No. 18 of 2024.

(3.) Learned Advocate General representing the State submits as follows. At present the local police is investigating the instant case, however, under the supervision of the SDPO, the DSP and the Circle Inspector. Till date seven persons have been arrested. Ss. 325, 337 and 189 of the Penal Code have been added to the charges. The police have now made prayers for adding Ss. 307, 326, 392, 395, 397, 426, 440, 342, 143 and 109 of the Penal Code. Immediately after the incident, a police picket was put up in front of the places of occurrence. Three raids were held at the purported place/residence of Sk. Sajahan. However, no effort was made to break open the lock. Now, a prayer would be made before the Learned Magistrate for permission to break upon the lock. Information formally given by the E.D. Officials recorded by the police was received at about 20.10 hours. The incidents did not point fingers directly at the police. In fact, it was the local police who had rescued the E.D. Officials and others from the clutches of the mob. From the available videos, the exact footage of assault is not available. The E.D. Officials are also not cooperating with the investigation. No document or even the ECIR was provided. The names of the personnel of the E.D. and the CRPF were not provided for the police to examine them. Only on multiple efforts, some examinations could be done. On the date and approximate time of the incident some of the CRPF personnel were actually found having breakfast at a nearby restaurant. It is doubtful that one Central Agency can pray for transfer of investigation by the State police to another Central Agency. The criteria for transfer of investigation as laid down by the Hon'ble Apex Court are not fulfilled in the present case. Reliance is placed on the decisions in the State of West Bengal vs CPDR, (2010) 3 SCC 571 and Bimal Gurung, (2018) 15 SCC 480.